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HomeMy WebLinkAboutLOD200600039 Letter of Determination 2014-03-13_10 ©! COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 February 21, 2007 Ruby M. Sacre 4040 Vineyard Road Barboursville, VA 22923 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 36, Parcel 6 Rivanna Magisterial District (Property of George W. Sacre and Ruby M. Sacre) Section 10.3.1 Dear Mrs. Sacre: The County Attorney and I have reviewed the title information for the above -noted property. It is the County Attorney's advisory opinion and my official determination that Tax Map 36, Parcel 6 has five (5) theoretical development rights. The basis for this determination follows: Our records indicate Tax Map 36, Parcel 6 contains 66.36 acres and 1 dwelling. It is located in the Rivanna Magisterial District. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 353, page 232. Deed Book 353, page 232, dated October 15, 1959, conveyed 65.81 acres from Elmer Lam, and Mamie Lam to George W. Sacre and Ruby M. Sacre. The land is described as being the residue of a larger tract of land containing 95.81 acres that was conveyed to Elmer Lam as Elmer Lamb by the deed of record in Deed Book 255, page 468 after deducting 30 acres off -conveyed by the deed of record in Deed Book 318, page 152. Deed Book 255, page 468 refers to the plat of record in Deed Book 248, page 42 for a description of the 95.81 -acre parcel. On the basis of this deed Tax Map 36, parcel 6 is determined to be a parcel of record with five (5) theoretical development rights. The parcels are entitled to the noted development rights if all other applicable regulations can be met. These development rights may only be utilized within the bounds of the original parcel with which they are associated. These development rights are theoretical in nature but do represent the maximum number of lots containing less than twenty one acres allowed to be created by right. In addition to the development right lots, the parcel may create as many smaller parcels containing a minimum of twenty-one acres as it has land to make. I:\DEPT\BCZS\Determin of Parcel\2007\36-6 Sacre ACE LOD-2006-39.doc Ruby M. Sacre February 21, 2007 Page 2 If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerely, John Shepherd Manager of Zoning Administration Copy: McChesney Goodall, ACE Program Coordinator Gay Carver, Real Estate Supervisor hDEPTOCMDetermin of ParceR2007\36-6 Sacre ACE LOD-2006-39.doc n 0 0 REQUEST FOR DETERMINATION PARCEL OF RECORD/DIVISION RIGHTS Ft OF Al t FILE ADMIN (WAIVED) NON-ADMi DATE:�`LQ OWNER: 6S G�� ��� e � �ti� � Name: (12 Address:t 5. ci ti t Phone: `-� - `� APPLICANT: Name: Address: Phone: CONTACT PERSON: Name: c A- ►�-� Address: Phone: - a," e J-�i,ie TAX MAP: , PARCEL(S): ZONED: LOCATION: 19 © v 'nom° (4 77 ACREAGE: (TOTAL) (EACH PARCEL) NUMBER OF PARCELS:ctl �*IS Ir -s 1. Tax Map page. 2. Last instrument of record (plat and/or deed) in the Clerk's Office of the Circuit Court of Albemarle County, Virginia on or prior to December 10, 1980. (Highlight or underline references to the subject property). 3. All plats and/or deeds of record after December 10, 1980, UP UNTIL THE PRESENT DATE. (Highlight or underline references to the subject property). 4. Any other pertinent information. 5. Cover letter stating the assumed number of parcels, with explanation of same I certify that to the best of my information, belief and professional opinion, these attachments include all pertinent plats and deeds from the Clerk's Office, as required under "submittal requirements." k Sikn� - Date o (v